N.H. Rep. Michael Harrington wants to bring greater transparency to the state Legislature but doubts many lawmakers support the kind of openness he favors.
The Strafford Republican objects to the opaqueness surrounding the budget trailer bill, also known as House Bill 2, which is considered every two years.
This lengthy measure is about state fees, funds, revenues and expenditures, but lawmakers often add controversial policy measures they were unable to pass during months of legislative consideration.
Examples have included restrictions on abortion, elimination of the motor vehicle inspection program and a prohibition on public diversity, equity and inclusion initiatives.
Harrington’s House Bill 1166 would prohibit the budget trailer bill from including any statutory changes that are not explicitly required to implement the two-year budget.
“There are so many different things in the budget trailer bill,” he said. “My biggest concern is that nobody knows what they are voting for. These things get added by a very small group of people.
“Everyone talks about transparency but then we put all this stuff in there. This isn’t a Republican or Democratic issue, because both sides are guilty of doing it.”
The budget trailer bill approved last June had 161 pages, and Harrington notes that to understand some of the wording, one would have had to possess a thorough knowledge of the underlying statutes being changed.
Lawmakers typically give final approval to budget trailer bills within days of when the new budget is supposed to go into effect. That puts pressure on governors to approve these bills even if they object to some provisions, Harrington added.
He also said a fair amount of “horse trading” goes on concerning budget trailer bills, with some lawmakers winning support for their pet provisions by offering support for other aspects of the bill.
The budget trailer bill that Gov. Kelly Ayotte signed into law on June 27 prohibits public entities from engaging in any initiatives, programs or training regarding diversity, equity and inclusion.
The budget trailer bill also ended the state’s motor vehicle inspection program.
In 2021, then-Gov. Chris Sununu signed that year’s House Bill 2, which contained a Republican-backed prohibition on most abortions after 24 weeks of pregnancy and required an ultrasound exam before the procedure. The Legislature removed the ultrasound mandate the next year.
Also in 2021, the Legislature added language to HB 2, barring the teaching of “divisive concepts,” a provision that was later overturned in federal court.
Rep. Nick Germana, D-Keene, noted last June that “it has become increasingly common to stuff policy bills into the budget, especially things that wouldn’t be able to pass on their own.
“If you put it in the budget, somebody may not like it, but they are less likely to vote against the whole budget because of just that one piece. It’s a way of protecting something by stuffing it into the budget.”
Harrington’s legislation to change the budget trailer bill process, HB 1166, is due for a public hearing before the House Finance Committee on Jan. 30.
“I’m going to go in and speak in favor of it, and probably no one will speak against it because nobody wants to go on record as being against transparency,” he said.
“And then the committee will vote overwhelmingly to retain the bill, which in this case means to kill it.”
He said the panel isn’t likely to forward it to the full House for consideration because that could mean a roll call in which representatives would be asked to publicly declare support or opposition.
They wouldn’t want to go on record as being opposed to legislation against “hiding stuff in a bill where nobody knows what they are voting for,” Harrington said. “And of course, nobody wants to do that, so they just won’t allow it to come to the floor.”
Rick Green can be reached at 603-352-1234, extension 1435, or rgreen@keenesentinel.com.
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